In the US a spouse cannot be forced to testify in criminal cases against their better half. But a murder in Kentucky is putting that long standing marital privilege to the test. The catch is this particular union boss same sex couples who exchanged vows in a civil ceremony in Vermont. Bobby Joseph -- is charged with murder and prosecutors believe she -- -- her partner. -- the case and they want to put her on the stand but. Kentucky law currently outlaws same sex marriage their lawyers argue they are still entitled on the same spousal privilege and equal protection. It's of her own marriage to us we went there we got married her position is with -- Marital privilege only applies to valid Mary HP's. And coming -- constitutional issues involving the case will be -- by the State's attorney general for the judgments -- brewing next month.

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